[Federal Register: September 1, 2004 (Volume 69, Number 169)]
[Proposed Rules]
[Page 53376-53378]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01se04-24]
[[Page 53376]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-04-096]
RIN 1625-AA09
Drawbridge Operation Regulations; Annisquam River, Danvers River,
Fore River, and Saugus River, MA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the drawbridge operating
regulations governing the operation of four Massachusetts Highway
Department bridges; the Blynman (SR127) Bridge, mile 0.0, across the
Annisquam River; the Kernwood Bridge, mile 1.0, across the Danvers
River; the Quincy Weymouth SR3A Bridge, mile 2.8, across the Fore
River; and the Fox Hill (SR107) Bridge, mile 2.5, across the Saugus
River, Massachusetts. The bridge owner requested that the four bridges
may operate on an advance notice basis from noon to 6 p.m. on
Thanksgiving Day each year. This action is expected to allow the draw
tenders to spend the holiday with their families while still meeting
the reasonable needs of navigation.
DATES: Comments must reach the Coast Guard on or before October 1,
2004.
ADDRESSES: You may mail comments to Commander (obr), First Coast Guard
District Bridge Branch, One South Street, Battery Park Building, New
York, New York 10004, or deliver them to the same address between 7
a.m. and 3 p.m., Monday through Friday, except Federal holidays. The
telephone number is (212) 668-7165. The First Coast Guard District,
Bridge Branch, maintains the public docket for this rulemaking.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at the First Coast Guard District, Bridge Branch, 7 a.m. to 3
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Gary Kassof, Bridge Administrator,
First Coast Guard District, (212) 668-7165.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments or related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-04-
096), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know if
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the First Coast Guard District,
Bridge Branch, at the address under ADDRESSES explaining why one would
be beneficial. If we determine that one would aid this rulemaking, we
will hold one at a time and place announced by a later notice in the
Federal Register.
Background and Purpose
Annisquam River and Blynman Canal
The Blynman (SR127) Bridge, mile 0.0, across the Annisquam River
has a vertical clearance of 7 feet at mean high water and 16 feet at
mean low water in the closed position. The existing operating
regulations are listed at 33 CFR 117.586.
Danvers River
The Kernwood Bridge, at mile 1.0, across the Danvers River has a
vertical clearance of 8 feet at mean high water and 17 feet at mean low
water in the closed position. The existing operating regulations are
listed at 33 CFR Sec. 117.595(c).
Fore River
The Quincy Weymouth (SR3A) Bridge, at mile 2.8, across the Fore
River has a vertical clearance of 45 feet at mean high water and 55
feet at mean low water in the closed position. The existing operating
regulations are listed at 33 CFR Sec. 117.621.
Saugus River
The Fox Hill (SR107) Bridge, at mile 2.5, across the Saugus River
has a vertical clearance of 6 feet at mean high water and 16 feet at
mean low water in the closed position. The existing operating
regulations are listed at 33 CFR Sec. 117.618(c).
The owner of the bridges, Massachusetts Highway Department (MHD),
requested a change to the drawbridge operation regulations for the
above four bridges to allow the bridges to operate on an advance notice
basis on Thanksgiving Day each year.
The existing drawbridge operation regulations already allow the
four bridges to operate on an advance notice basis on Christmas and New
Years Day each year. Therefore, it is expected that adding Thanksgiving
Day to that existing requirement should not impact navigation adversely
since there have been very few requests to open these bridges on
Thanksgiving Day in past years.
The Coast Guard believes this rule is reasonable because the
bridges would still open on demand at any time on Thanksgiving Day
after the advance notice is given.
Discussion of Proposed Rule
Annisquam River and Blynman Canal
This proposed rule would revise 33 CFR 117.586, which details the
operating regulations for the Blynman (SR127) Bridge. This proposed
rule would allow the bridge owner to require a two-hour advance notice
for bridge openings on Thanksgiving Day from noon to 6 p.m. each year.
Danvers River
This proposed rule amends 33 CFR 117.595 by revising paragraph (c),
which details the operating regulations for the Kernwood Bridge.
This proposed rule would allow the bridge owner to require a one-
hour advance notice for bridge openings from noon to 6 p.m. on
Thanksgiving Day each year.
Fore River
This proposed rule amends 33 CFR 117.621 by revising paragraph (c),
which details the holiday operating regulations for the Quincy Weymouth
SR3A Bridge.
This proposed rule would allow the bridge owner to require a two-
hour advance notice for bridge openings from noon to 6 p.m. on
Thanksgiving Day each year.
Saugus River
This proposed rule amends 33 CFR 117.618 by revising paragraph (c),
which details the operating regulations for the Fox Hill SR107 Bridge.
This proposed rule would allow the bridge owner to require a one-hour
advance notice for bridge openings from noon to 6 p.m. on Thanksgiving
Day each year.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866,
[[Page 53377]]
Regulatory Planning and Review, and does not require an assessment of
potential costs and benefits under 6(a)(3) of that Order. The Office of
Management and Budget has not reviewed it under that Order. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation, under the regulatory
policies and procedures of DHS, is unnecessary.
This conclusion is based on the fact that the bridges will continue
to open on signal at any time after the advance notice is given.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under section 5 U.S.C. 605(b), that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
This conclusion is based on the fact that the bridges will continue
to open on signal at any time after the advance notice is given.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact us in writing at, Commander
(obr), First Coast Guard District, Bridge Branch, 408 Atlantic Avenue,
Boston, MA 02110-3350. The telephone number is (617) 223-8364. The
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies. This proposed rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.1D, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (32)(e), of the Instruction, from further
environment documentation because it has been determined that the
promulgation of operating regulations or procedures for drawbridges are
categorically excluded.
[[Page 53378]]
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. Revise Sec. 117.586 to read as follows:
Sec. 117.586 Annisquam River and Blynman Canal.
The draw of the Blynman (SR127) Bridge shall open on signal, except
that, from noon to 6 p.m. on the fourth Thursday in November
(Thanksgiving Day), 6 p.m. on December 24 to midnight on December 25,
and from 6 p.m. on December 31 to midnight on January 1, the draw shall
open on signal if at least a two-hour advance notice is given by
calling the number posted at the bridge.
3. Section 117.595 is amended by revising paragraph (c) to read as
follows:
Sec. 117.595 Danvers River.
* * * * *
(c) The Kernwood Bridge, at mile 1.0, shall operate as follows:
(1) From May 1 through September 30, midnight to 5 a.m., and from
October 1 through April 30, 7 p.m. to 5 a.m., draw shall open on signal
after at least a one-hour advance notice is given by calling the number
posted at the bridge.
(2) From noon to 6 p.m. on the fourth Thursday in November
(Thanksgiving Day) and all day on December 25 and January 1, the draw
shall open on signal after at least a one-hour advance notice is given
by calling the number posted at the bridge.
4. Section 117.618 is amended by revising paragraph (c) to read as
follows:
Sec. 117.618 Saugus River.
* * * * *
(c) The Fox Hill (SR107) Bridge, at mile 2.5, shall operate as
follows:
(1) The draw shall open on signal, except that, from October 1
through May 31, from 7 p.m. to 5 a.m., the draw shall open after at
least a one-hour advance notice is given by calling the number posted
at the bridge.
(2) From noon to 6 p.m. on the fourth Thursday in November
(Thanksgiving Day), and all day on December 25, and January 1, the draw
shall open on signal after at least a one-hour advance notice is given
by calling the number posted at the bridge.
5. Section 117.621 is amended by revising paragraph (c) to read as
follows:
Sec. 117.621 Fore River.
* * * * *
(c) From noon to 6 p.m. on the fourth Thursday in November
(Thanksgiving Day), from 6 p.m. on December 24 to midnight on December
25, and from 6 p.m. on December 31 to midnight on January 1, the draw
shall open on signal after at least a two-hour advance notice is given
by calling the number posted at the bridge.
Dated: August 23, 2004.
David P. Pekoske,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 04-19958 Filed 8-31-04; 8:45 am]
BILLING CODE 4910-15-P